HomeMy WebLinkAbout3/16/2011 - STAFF REPORTS - 2O A. �2
v cn
A g4PORAYE
441 F°� Citv Council Staff Re ort
Date: March 16, 2011 CONSENT CALENDAR
Subject: APPROVAL OF AMENDMENT NO. 4 TO CONSULTING SERVICES
AGREEMENT WITH MSW CONSULTANTS FOR SOLID WASTE
CONTRACT MANAGEMENT
From: David H. Ready, City Manager
Initiated by: Public Works and Engineering Department
SUMMARY
On June 29, 2009, the City entered into Agreement No. 5859 with MSW Consultants to
provide contract administration, oversight, and technical assistance related to the City's
Franchise Agreement with Palm Springs Disposal Services. The agreement and three
subsequent amendments expired on December 31, 2010. Amendment No. 4 extends
the term of the agreement to December 31, 2011, and increases the total maximum
compensation by $13,950 to $66,270.
RECOMMENDATION:
1) Approve Amendment No. 4 to Agreement No. 5859 with MSW Consultants for
solid waste contract management services, in an additional amount not to
exceed $13,950 for 12 additional months, ending December 31, 2011, total
agreement amount shall not exceed $66,270; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The City entered into a Franchise Agreement (Agreement No. 4727) with Palm Springs
Disposal Services (PSDS) effective July 1, 2003. The current agreement expires on
June 30, 2016.This amendment provides for an audit for AB 939 fees.
ITEM NO. �;0.
City Council Staff Report
March 16, 2011 - Page 2
Approval of Amendment No. 4 to Agreement No. 5859
FISCAL IMPACT:
Section 5.04 (b) (5) "Financial Review" of the franchise agreement with PSDS requires
that PSDS pay for the Financial Review required under the agreement. Therefore, the
City has recovered a portion of the cost of the services provided by MSW Consultants
specifically related to the financial review of its business operations, in the amount of
$36,940.00. Sufficient funds are available in the Sustainability Account No. 138-1270-
43200.
SUBMITTED:
Recommended by: Approved by:
David J. Barakian David H. Ready -- T
City Engineer & City Manager
Director of Public Works
Attachments:
1. Amendment No. 4
AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT NO. 5859
WITH MSW CONSULTANTS FOR
SOLID WASTE CONTRACT MANAGEMENT
The following articles of Agreement No. 5859 are hereby amended as follows:
SECTION 1.4 "Term" - is hereby modified to read: Unless earlier terminated in accordance with
Section 9.5 of this Agreement, this Agreement shall continue in full force and effect for a period
commencing on June 29, 2009 and ending on December 31, 2011, unless extended by mutual
written agreement of the parties.
Exhibit "A" "Scope of Services" - (2"d Paragraph) is hereby modified to read: The term of this
agreement will be 130 weeks commencing on June 29, 2009 through December 31, 2011.
Perform Audit of AB 939 and Diversion Facility Fees for four fiscal years 2005-2008
1. Prepare for audit. Obtain info from City; notify PSDS of needed information.
2. Perform on-site review of tonnage records.
3. Review and analyze tonnage data; compile work papers; review findings with PSDS.
4. Prepare draft audit report.
5. Review draft audit report with City and PSDS and update as needed.
6. Meet with City staff to review audit findings.
Provide Ongoing Contract Management Services:
1. Provide ongoing contract management.
Rate shall remain at $155 per hour
Original:
City Manager Approval: June 29, 2009
Contract Amount $ 22,320
Expired August 31, 2009
Purchase Order Number(s): 10-0279
Agreement Number: 5859
Amendment#1:
City Engineer Approval: September 10, 2009
Amount $ (0) zero dollars
Expired October 26, 2009
MSW Consultants
Amendment No. 4
Page 2 of 3
Amendment#2:
City Engineer Approval: December 1, 2009
Amount of This Amendment $ (0) zero dollars
Expired December 31, 2009
Amendment#3:
Council Approval January 6, 2010
Amount of this Amendment $30,000
To Expire December 31, 2010
Amended Contract Total: $ 52,320
Account Number(s): 125-1270-43200
Amendment#4:
Council Approval March 16, 2011
Amount of this Amendment $13,950
To Expire December 31, 2011
Account Number 138-1270-43200
SIGNATURES ON NEXT PAGE
MSW Consultants
Amendment No. 4
Page 3 of 3
IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated
below.
"City"
CITY OF PALM SPRINGS
Date
David H. Ready, City Manager
ATTEST:
By:
City Clerk
"FIRM"
MSW Consultants
27393 Ynez Road, Suite 259
Temecula, CA 92591
Date: By:
David L. Davis, CMA Principal